five (5) of the van s passengers.

After trial, Sibayan was convicted and sentenced

to suffer the penalty of imprisonment for two (2) years, four (4) months and on
e (1) day to four (4) years and two (2) months. However, as there was a reservat
ion to file a separate civil action, no pronouncement of civil liability was mad
e by the municipal circuit trial court in its decision promulgated on December 1
7, 1998.2
On October 20, 2000, petitioners filed a complaint for damages against Sibayan,
Viron Transit and its President/Chairman, Virgilio Q. Rondaris, with the Regiona
l Trial Court of Quezon City, pursuant to their reservation to file a separate c
ivil action.3 They cited therein the judgment convicting Sibayan.
Viron Transit moved to dismiss the complaint on the grounds of improper service
of summons, prescription and laches, and defective certification of non-forum sh
opping. It also sought the dropping of Virgilio Q. Rondaris as defendant in view
of the separate personality of Viron Transit from its officers.4
Petitioners opposed the motion to dismiss contending, among others, that the rig
ht to file a separate action in this case prescribes in ten (10) years reckoned
from the finality of the judgment in the criminal action. As there was no appeal
of the decision convicting Sibayan, the complaint which was filed barely two (2
) years thence was clearly filed within the prescriptive period.
The trial court dismissed the complaint on the principal ground that the cause o
f action had already prescribed. According to the trial court, actions based on
quasi delict, as it construed petitioners cause of action to be, prescribe four (
4) years from the accrual of the cause of action. Hence, notwithstanding the fac
t that petitioners reserved the right to file a separate civil action, the compl
aint ought to be dismissed on the ground of prescription.5